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New York Family Law Questions & Answers
0 Answers | Asked in Family Law and Libel & Slander for New York on
Q: Grandparent needs advice and possible one court case in June for grandparent visitation for grandchildren in foster care

I have one grandchild\halfsibling in foster care with a final court hearing in early June,23. I am looking for my own visitation as DSS only allowing me two hours once a month with their mother. I have been very active in their lives. Their mom is in agreement with me for more visitation. I filed... Read more »

0 Answers | Asked in Family Law for New York on
Q: What entitlements does my mom have?

Hello I live in New York City. My mother and father have been legally married for 30 years. My dad brought the house I live in now way before he married my mom and before me and my siblings were born. My dad recently had a stroke and is in rehab right now. My dad has the deed to the house but my... Read more »

0 Answers | Asked in Family Law and Child Support for New York on
Q: I have been paying arrears for the last 5 yrs I recently got a satisfied judgement for those arrears on that same case..

But yet child support still take out of my SS and my arrears seen to increase...from the original amount...of 24,000$ to high as 35,000$ I would've payed if it continues

0 Answers | Asked in Criminal Law and Family Law for New York on
Q: Hello, If on probation for CPCS 7th & assault 3rd w/new charge CPCS c felony & avg. family offense E felony

For make 100+ calls. What is the max he could get if he takes his case to trial?

0 Answers | Asked in Family Law, Elder Law and Health Care Law for New York on
Q: How can I be listed as healthcare proxy for my disabled sister. My other sister didn’t list me and she won’t talk to me

My disabled sister is in nursing after stroke. Hospital staff will not talk to us to give me an updates on her condition because nor I or any of my other siblings are not listed and my sister refuses to give us any information.

1 Answer | Asked in Criminal Law, Family Law, Banking and Domestic Violence for New York on
Q: My spouse withdrew 11grand out of joint account, without me knowing now and won't say what did with it? Legal or what

He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... Read more »

Howard E. Knispel
Howard E. Knispel
answered on Mar 28, 2023

"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.

0 Answers | Asked in Family Law for New York on
Q: My ex husband has a suspended drivers license, but is driving with my son in the car. What legal action can I take?

We have been divorced for 6 years. His license is suspended due to failure to pay child support. He has unsupervised visitation every other weekend.

0 Answers | Asked in Family Law for New York on
Q: Can I sue my mother for emotional abuse

My mother had emotionally abused me since age 9 I was just recently trapped in taking care of my siblings I had my husband get custody of them(I was 17 at the time) but I always had to make sure they got to school get them inrolled to school if there sick take care of them my mother was never a... Read more »

0 Answers | Asked in Family Law and Domestic Violence for New York on
Q: My ex insults me, curses at me and criticizes my parenting via text, what will a judge do about this?

My ex is trying to modify our custody agreement to take final say away from me because I switched my son's school after we couldn't agree. ( I have final say-joint custody). He verbally abuses me via text constantly with insults, false accusations, cursing and more. I am wondering what I... Read more »

0 Answers | Asked in Criminal Law, Family Law, Animal / Dog Law and Domestic Violence for New York on
Q: I have an order of protection against my ex is NY state. He lied to the SPCA and said I wasn’t taking care of my horses

They came, they said everything was great A++ keep doing what I’m doing. Is this considering harassment by him? Or breaking the order of protection? Yesterday he was stalking me on Reddit and commenting on a post I made abojt dogs. I did report that ti family court.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Under what circumstances in New York can one file for a modification of child support?

Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... Read more »

Howard E. Knispel
Howard E. Knispel
answered on Mar 23, 2023

The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: I am in NY. My husband filed and served me divorce papers. I do not want the divorce and therefore don’t want to sign.

He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?

Howard E. Knispel
Howard E. Knispel
answered on Mar 21, 2023

You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My lawyer has been rude and also has not sent my divorce papers out. What can I do?

I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... Read more »

Howard E. Knispel
Howard E. Knispel
answered on Mar 19, 2023

First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NYS, would a judge allow my request to have my children dropped off by school bus for my parenting time on fridays?

My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Mar 21, 2023

A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... Read more »

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for New York on
Q: Are the monthly payments to the trust beneficiary included in the estate's expenses?

The trust must pay a certain amount to one person each month. Those payments are prioritized in the trust. Can these payments be applied to the trust's expenses? Should the person's check be paid before the estate's other expenses? A person who receives money on a monthly basis does... Read more »

1 Answer | Asked in Constitutional Law, Legal Malpractice and Family Law for New York on
Q: Which Law Codes specify about Roster List of Gaurdian Ad Litems be shown to public or not?

If it is kept secret from the public, is it so all over New York? Thank you.

James L. Arrasmith
James L. Arrasmith PRO label
answered on Mar 19, 2023

Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.

To find information specific to your location and circumstances, I suggest consulting a...
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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can family court assign both parties and the child all the same public defender
Sandra M. Colatosti
Sandra M. Colatosti
answered on Mar 12, 2023

No, it would be a conflict of interest for the same lawyer to represent all of you.

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1 Answer | Asked in Child Custody, Family Law and International Law for New York on
Q: Can I relocate internationally with my child if I have sole physical custody but joint legal custody?
James L. Arrasmith
James L. Arrasmith PRO label
answered on Mar 19, 2023

If you have sole physical custody of your child, you may be able to relocate internationally with your child depending on the terms of your joint legal custody agreement and the laws of your state.

In general, relocation with a child may require court approval or agreement from the other...
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